Judges hear arguments in child welfare case

ATLANTA -- A three-judge panel with the 11th U.S. Circuit Court of Appeals heard arguments today on whether to reinstate a long-running federal lawsuit against Alabama's child welfare system.

Josh Civin, an attorney for the Alabama Disabilities Advocacy Program, said Alabama's Department of Human Resources had not met the requirements of the long-running R.C. case when U.S. District Judge Ira DeMent dismissed it in January. He argued in court filings that the decision should be overturned because DeMent did not hold an evidentiary hearing. He said DeMent relied on promises of compliance in the future, not evidence of meeting standards.

Larry Childs, representing DHR, argued the plaintiff had several chances to ask for an evidentiary hearing and did not. He also said that, while three of 10 counties being monitored did not fully comply with the court's standards, they met 93 percent of them.